BATON ROUGE, La. (AP) - When Xzayvion Riley’s father stands trial in the June 2012 beating death of the 8-year-old Baton Rouge boy, a judge has ruled the jury will be allowed to hear about the broken leg he suffered in his father’s presence and about repeated punches his father is accused of delivering to him outside a day care center.
But two other alleged incidents of abuse will be off-limits at Michael Robertson’s first-degree murder trial.
The Advocate reports (https://bit.ly/1R2xFU5) Robertson’s attorneys say they will appeal parts of state District Judge Don Johnson’s ruling.
Prosecutor Will Morris said the East Baton Rouge Parish District Attorney’s Office has mixed feelings about the judge’s decision and is considering an appeal.
“We’re generally happy with it,” Morris said.
Robertson, 49, and Xzayvion’s mother, Lavaughn Riley, 35, are each charged with first-degree murder in his June 12, 2012, death.
Robertson was Lavaughn Riley’s boyfriend at the time. They will be tried separately. No trial dates are set. Prosecutors have yet to say if they will seek the death penalty against either Robertson or Riley.
The East Baton Rouge Parish Coroner’s Office classified Xzayvion’s death as a homicide, finding he died of “overwhelming infection” caused by a ruptured bowel from blunt-force trauma to his abdomen. An autopsy documented 60 external signs of recent and old trauma, including abrasions, bruises and a human bite mark.
Robertson has denied any involvement in his son’s injuries, sheriff’s officials have said.
Prosecutors claim Robertson injured Xzayvion’s mouth with a belt in November 2008; choked him and shoved his head into a toilet in August 2010; broke his leg in February 2012; and repeatedly punched him outside Pierson’s Brilliant Minds Learning Center in April 2012.
Morris has referred to the alleged incidents as an escalating pattern of abuse leading up to Xzayvion’s death.
___
Information from: The Advocate, https://theadvocate.com
Please read our comment policy before commenting.